Service of Process on Foreign Chartered Banks

..Since banks are corporate entities, depending on where the litigation is taking place, there may be specific rules with respect to on whom process may be served and in what language."

Ancillary Legal can provide assistance if you need to achieve legally valid service of process on a foreign chartered bank or financial institution. Valid service of process is necessary for any United States court to have jurisdiction over a foreign chartered bank for purposes of litigation in the U.S. The rules and procedures for proper service of process are quite complex and will depend on many factors. These include:

● In what State the litigation is pending
● In what country is the foreign bank located/chartered
● Whether the litigation is pending in federal court or State court
● Whether the foreign chartered bank has a U.S. subsidiary
● Whether the foreign bank has a U.S.-based agent for service of process
● And more.

Further, since banks are corporate entities, depending on where the litigation is taking place, there may be specific rules with respect to on whom process may be served and in what language. If you need assistance with service of process on a foreign chartered bank, call us here at Ancillary Legal. Ancillary Legal offers translation and notary services and has an extensive list of international service providers. Contact us for a no-obligation consultation at (404) 459-8006 or via email.

In some cases, service of process on a foreign chartered bank may be relatively straightforward. For example, as explained briefly here, if service of process is governed by the rules of the state of Missouri, then service is accomplished by serving the Missouri Director of Finance where the foreign bank is licensed to operate a branch, agency, or representative office in Missouri and the litigation arises out of transactions with any Missouri resident. Many states have similar rules. In New York, for example, service is delivered to the Superintendent of the New York State Department of Financial Services.

However, not every state has this rule. In those cases, it may be necessary to locate a U.S.-based registered agent for service of process or to serve process directly on the bank in their foreign country based on the Hague Service Convention. Generally, the process for using the Hague Service Convention involves these steps:

● Prepare two copies of the documents to be served on the foreign chartered bank
● Translate the documents (if required)
● Complete a Request Form and send the packet of documents to the relevant Central Authority with the appropriate fees
● Wait for foreign governmental authorities to serve the documents
● Receive a "Proof of Service" filled out by the foreign authorities
● File the Proof of Service with the local U.S. court

If the foreign bank has a U.S. subsidiary charted bank, potentially, another option is to effect service of process on the subsidiary. See Volkswagen Aktiengesellschaft v. Schlunk, 486 U.S. 694 (1988). In that case, the U.S. Supreme Court approved service of process in circumstances where the parent company and its subsidiary are so closely intertwined that it was allowable — under due process doctrines — to deem the subsidiary as an agent of the parent company for purposes of service of process.

Let Ancillary Legal Handle Your International Service of Process – Hague Service Convention

For more information, contact Ancillary Legal at (404) 459-8006. We have the deep experience, staffing, and resources to help you satisfy the requirements for proper and valid international service of process. We focus on litigation support domestically and internationally and can ensure that your time can stay focused on the substance of your matter and not procedural technicalities. Contact us today to find out how we can help you.

Service of Process on Foreign Chartered Banks

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